Emerging Internal Control in Institutional Arbitration

Authors

Meng Chen, Shenzhen University

Abstract

To some extent, the charm of international commercial arbitration derives from its complexity, involving many inherent contradictions. It is developed as autonomous and internationalized dispute resolution, while it inevitably relies on sovereign support. With arbitration becoming more and more internationalized and autonomous, rules and regulations generated inside of the arbitration community have gradually played important roles in arbitration governance. Contributions from numerous international arbitration institutions are particularly noticeable in this development. Institutional arbitration takes the lead in the development of international commercial arbitration. Rules and regulations generated in institutional arbitration practice not only facilitate single institutional arbitration processes, but also contribute to arbitration autonomy.

This article presents a completed picture of the emerging internal control in the international commercial arbitration regime. It first examines numerous arbitration rules and analyzes their revision history. After exploring empirical research on representative institutional arbitration rules, this article exposes uniformity and divergence in these rules. In conclusion, this article attempts to bring the international community's attention to the emerging and rising internal control and its contribution to the development of the whole arbitration world.

Disciplines

Dispute Resolution and Arbitration | International Law | International Trade Law | Labor and Employment Law | Law

Recommended Citation

Meng Chen, Emerging Internal Control in Institutional Arbitration, 18 Cardozo J. Conflict Resol. 295 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol18/iss2/3